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<br />. , <br /> <br />lJ) March-In riQhTs. <br /> <br />(1) The Contractor agrees that wtth respect to any subject lnvention tn which It has acquired <br />TITle. The Federal agency has The righT In accordance wiTh the procedures In FAR 27.304-llg) TO <br />'~equire The Contractor, en assIgnee, or exclusive licensee of a subject invention to grant a <br />nonexclusive, partIally exclusive, or excluslv9 license In any field of use to a ~esponsible <br />appllcant or applicants, upon terms that are reasonable under the circumstances, and if the <br />Contractor, aSSIgnee, or excluslve licensee refuses Such a request, the federal agency has the <br />right to grant such a license itself If the Federal agency determines that-- <br /> <br />(1) Such action Is neces$!ry because the Contractor or assignee has not'taken, or is not <br />expected to take wIthin a reasonable time, effeetlve steps TO achIeve practical application <br />of the subject InventIon In such fIeld of use; <br /> <br />(Ii) Such action Is necessary to alleviate health or safety needs which are not reasonably <br />satIsfIed by the Contractor, assIgnee, or their licensees; <br /> <br />(iii) Such action is necessary to meet requirements for public use specified by Federal <br />regulations and such requIrements are not reasonably satisfied by the Contractor, assignee, <br />or licensees; or <br /> <br />(Iv) Such action Is necessary because The agreement required by paragraph (i) of this <br />clause has not been obtained or waived or because a licensee of the exclusive right to USe <br />or sell any subject inventIon In the United States Is In breach of such agreement. <br /> <br /> <br />for contracts wIth nonDroflt 0 anlzatlons. If the Contractor is a <br />T agrees that <br /> <br />(1) Rights TO a subject InvenTion In The UnITed States mey nOT be assigned wiThOUT The appro- <br />val of the Federal agency, except where such assignment is made to an organIzation whIch has as <br />one of its primary functIons the management of Inventions and .whlch Is not, Itself, engaged in <br />or does not hoid a substantia' Interest In other organizations engaged in the manufacture or <br />sale of products or the use of processes that might utilize the invention or be in competItion <br />w1th embodiments of the Invention (provided, that such assignee will be subject to the S8me <br />provIsions as the Contractor); <br /> <br />(2) The Contractor may nOT granT exclusIve licenses under UnIted States patents or paTent <br />applications in subjeCT invenTions to persons OTher than small business firms for a perIod In <br />excess of the eerlier of-- <br /> <br />(i) Five years from firST commercial sale or use of The Invention; or <br /> <br />(II) EIghT yeers from The date of the exclusive license excepting that tIme before regula- <br />tory agencies necessary to obtain premarket clearence, unless on a case-by-case basis, the <br />Federal agency approves a longer exclusive license. If exclusive fleld-of-use licenses ere <br />granted, commercial 58le or use in one field of use will nOT be deemed commercial sale or <br />use as to other fields of use, and a first commercIal sale or use with respect to a prodUCT <br />of the invention will not be deemed to end the exclusive periOd to different Subsequent pro- <br />ducts covered by the Invention; <br /> <br />. (3) The Contractor shall share royalties collected on a subject invention with the Inventor, <br />and <br /> <br />(4) The balance of any royalties or Income &erned by the ContraCTor with respect TO subjeCT <br />Inventions. afTer payment of expenses llncludlng paymenTS to inventors) IncidenTal to the <br />8dmlnlstra~io~ of subject Inventions, will be utiliZed for the support of scIentific research <br />or education. <br /> <br />(I) Com~unications. Reserved. <br /> <br />1-2.9 52.227-1 AUTHORIZATION AND CONSENT lAPR 1984) <br /> <br />(a) The Government authorizes and consents to all use and manufacture of any invention described <br />In and covered by a United States patent in the performance of this contract or any subcontract at <br />any tier. <br /> <br />(b) The ContraCTor agrees to include, and require Inclus10n of, This clause, sultably modif~ed to <br />Identify The parties, 'n alf subcontracts at any tier for supplies or services (including <br />construc~'on, arChitect-engineer services, and materlals, supplies, models, samples, end design or <br />testfng serv.ces expected to exceed $25,000; however, omlss'on of this clause from any SUb- <br />contract, unaer or over $25,000, does not affect this authorization and consent). <br /> <br />1-18 <br />